Judge: Curtis A. Kin, Case: 22STCV23771, Date: 2022-10-27 Tentative Ruling

Case Number: 22STCV23771    Hearing Date: October 27, 2022    Dept: 72

PETITION TO COMPEL ARBITRATION

Date:         10/27/22 (8:30 AM)                                             

Case:         Integrated HCM, LLC v. K.E.C. Keough Electric Corp. et al. (22STCV23771)

TENTATIVE RULING:

Plaintiff Integrated HCM, LLC’s Petition to Compel Arbitration is DENIED.

Plaintiff moves to compel arbitration of the action before Judicate West. While there appears to be a valid agreement for the parties to submit the instant matter to arbitration, there is no such agreement for arbitration before Judicate West.

Plaintiff and defendant K.E.C. Keough Electric Co. entered into a Subcontract Agreement, which states that arbitration shall be held in accordance with the arbitration provision in the contract between the owner and the prime contractor. (Haberbush Decl. ¶ 3 & Ex. B to Ex. 1 at §§ 9.1, 9.2.)  Section 6.2 of AIA Document A101-2007 (Standard Form of Agreement Between Owner and Contractor), between Owner High Valley Lodge Convalescent Hospital and plaintiff Integrated HCM, LLC as contractor states that arbitration shall be had “pursuant to Section 15.4 of AIA Document A201-2007.” (Haberbush Decl. ¶ 3 & Ex. A to Ex. 1 at § 6.2.)  Section 15.4, in turn, states arbitration “shall be administered by the American Arbitration Association.” (Gonzalez Decl. Ex. 5.)

Simply put, plaintiff seeks relief that runs contrary to the very agreement upon which plaintiff relies as the basis for the request.  Accordingly, plaintiff’s petition to compel arbitration before Judicate West is DENIED.